Election Investigations Guidebook
the complaints procedure guarantee that: “All personal particulars of a complainant will be treated in strict confidence.”465
Thus, the key tension relates to how investigative authorities can reconcile
the seemingly competing obligations of transparency and confidentiality. To
do this, investigators should take steps to inform the public about the investigative process while simultaneously protecting the confidentiality of individual investigations. For example,
once each matter is resolved, inves-
Balancing Transparency and
Confidentiality
Investigative authorities must reconcile
the seemingly competing obligations
of transparency and confidentiality.
Through openness and transparency
in their work, investigative bodies can
enhance their credibility, demonstrate
their impartiality, and entrench their
institutional independence.
tigative records should be made
available in a public archive.466
Relevant stakeholders may also
share information with the public
through awareness campaigns. For
example, prior to the 2008 elections,
the Election Commission of Bhutan
used print, audio, and visual media, along with one-on-one classroom sessions in villages, to carry
out a multi-faceted civic education
strategy. These campaigns, as well
as separate briefings for candidates
and political parties, permitted the Election Commission to explain the dispute
resolution process to the public, among other things.467 Election commissions
conducting similar voter education campaigns could explain the investigation
process as part of their outreach efforts.
Investigative authorities must reconcile the seemingly competing obligations of transparency and confidentiality. Through openness and transparency
in their work, investigative bodies can enhance their credibility, demonstrate
their impartiality, and entrench their institutional independence.
Investigative bodies should publish internal guidelines and other procedural documents, such as manuals or codes of conduct, that govern their work.
465
Hong Kong, Complaints Handling Policy, at 19.
466 See generally supra “thoroughly”, p. 26 (discussing the requirement of accurate record-keeping and document retention).
467
130
Orozco-Henríquez et al., supra note 101, at 120–21.